| 1 | 1 | | By: Patrick S.B. No. 714 |
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| 2 | 2 | | (In the Senate - Filed February 15, 2011; February 23, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Intergovernmental |
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| 4 | 4 | | Relations; April 4, 2011, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 3, Nays 1; |
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| 6 | 6 | | April 4, 2011, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 714 By: Patrick |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the exemption of certain property from municipal |
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| 13 | 13 | | drainage service charges and from related ordinances, resolutions, |
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| 14 | 14 | | and rules. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Subsection (e), Section 552.053, Local |
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| 17 | 17 | | Government Code, as added by Chapters 278 (S.B. 874) and 539 (S.B. |
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| 18 | 18 | | 1522), Acts of the 81st Legislature, Regular Session, 2009, is |
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| 19 | 19 | | reenacted and amended to read as follows: |
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| 20 | 20 | | (e) The following property is exempt from drainage charges |
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| 21 | 21 | | under Section 552.047 and all ordinances, resolutions, and rules |
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| 22 | 22 | | adopted under this subchapter: |
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| 23 | 23 | | (1) property owned by a county in which a municipality |
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| 24 | 24 | | described by Section 552.044(8)(A) is located; |
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| 25 | 25 | | (2) property owned by a school district located wholly |
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| 26 | 26 | | or partly in a municipality described by Section 552.044(8)(A); and |
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| 27 | 27 | | (3) property located in a municipality with a |
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| 28 | 28 | | population of 1.9 million or more that is owned by: |
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| 29 | 29 | | (A) a church, synagogue, or other organization or |
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| 30 | 30 | | association organized primarily for religious purposes; |
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| 31 | 31 | | (B) a nonprofit organization that is exempt from |
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| 32 | 32 | | federal income taxation under Section 501(a), Internal Revenue Code |
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| 33 | 33 | | of 1986, by being certified as an exempt organization under Section |
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| 34 | 34 | | 501(c)(3) of that code; or |
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| 35 | 35 | | (C) an entity authorized to impose a tax. |
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| 36 | 36 | | SECTION 2. Section 552.053, Local Government Code, is |
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| 37 | 37 | | amended by adding Subsection (f) to read as follows: |
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| 38 | 38 | | (f) A municipality with a population of 1.9 million or more |
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| 39 | 39 | | may not increase a drainage charge on nonexempt property to |
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| 40 | 40 | | compensate for amounts not collected as a result of providing |
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| 41 | 41 | | exemptions required by this section. |
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| 42 | 42 | | SECTION 3. Section 580.003, Local Government Code, as |
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| 43 | 43 | | redesignated by Chapter 885 (H.B. 2278), Acts of the 80th |
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| 44 | 44 | | Legislature, Regular Session, 2007, and amended by Chapters 1356 |
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| 45 | 45 | | (H.B. 462) and 1430 (S.B. 3), Acts of the 80th Legislature, Regular |
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| 46 | 46 | | Session, 2007, is reenacted and amended to read as follows: |
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| 47 | 47 | | Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM |
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| 48 | 48 | | INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no |
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| 49 | 49 | | county, municipality, or utility district may collect from a state |
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| 50 | 50 | | agency or a public or private institution of higher education any |
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| 51 | 51 | | fee charged for the development or maintenance of programs or |
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| 52 | 52 | | facilities for the control of excess water or storm water. |
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| 53 | 53 | | (b) A municipality with a population of 25,000 or less and |
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| 54 | 54 | | through which the Bosque River runs may collect from a state agency |
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| 55 | 55 | | or public institution of higher education a fee charged for the |
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| 56 | 56 | | development or maintenance of programs or [of] facilities for the |
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| 57 | 57 | | control of excess water or storm water. |
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| 58 | 58 | | (c) A municipality with a population of 1.9 million or more |
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| 59 | 59 | | may not collect any fee charged for the development or maintenance |
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| 60 | 60 | | of programs or facilities for the control of excess water or storm |
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| 61 | 61 | | water from: |
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| 62 | 62 | | (1) a church, synagogue, or other organization or |
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| 63 | 63 | | association organized primarily for religious purposes; |
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| 64 | 64 | | (2) a nonprofit organization that is exempt from |
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| 65 | 65 | | federal income taxation under Section 501(a), Internal Revenue Code |
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| 66 | 66 | | of 1986, by being certified as an exempt organization under Section |
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| 67 | 67 | | 501(c)(3) of that code; or |
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| 68 | 68 | | (3) an entity authorized to impose a tax. |
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| 69 | 69 | | (d) A municipality with a population of 1.9 million or more |
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| 70 | 70 | | may not increase a fee on nonexempt property to compensate for |
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| 71 | 71 | | amounts not collected as a result of providing exemptions required |
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| 72 | 72 | | by this section. |
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| 73 | 73 | | SECTION 4. To the extent of any conflict, this Act prevails |
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| 74 | 74 | | over another Act of the 82nd Legislature, Regular Session, 2011, |
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| 75 | 75 | | relating to nonsubstantive additions to and corrections in enacted |
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| 76 | 76 | | codes. |
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| 77 | 77 | | SECTION 5. This Act takes effect immediately if it receives |
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| 78 | 78 | | a vote of two-thirds of all the members elected to each house, as |
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| 79 | 79 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 80 | 80 | | Act does not receive the vote necessary for immediate effect, this |
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| 81 | 81 | | Act takes effect September 1, 2011. |
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| 82 | 82 | | * * * * * |
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